San Diego Employment Lawyer

Employers have to follow laws like everyone else. When they don’t, let our team of San Diego employment attorneys represent you.

Why Choose Us For Your San Diego Employment Law Case?

At Walker Law, we share the belief that everyone is entitled to a fair workplace that is free from discrimination, intimidation, and retaliatory practices. We are here to stand against employers, corporations, or insurance agencies who bully our clients.
We have experience, knowledge, and skills that make us the correct choice when looking for a San Diego employment lawyer who can competently navigate the legal process.
Our employment lawyers use the law as a tool to fight for what is right, unafraid of bullies, and ready to prove that justice can prevail. We take pride in providing our clients with what they are entitled to receive.

“Their knowledge and expertise were evident from the start, making me feel confident in their ability to handle my case effectively. What truly set them apart was their responsiveness and unwavering support.”

– Miranda M. Via Google.

Meet Attorney, Justin Walker

Driven by a passion for justice, Justin Walker established Walker Law to empower everyday people facing legal challenges. Bringing the combined expertise of his top-ranked law degree, diverse business background, and psychological understanding, Justin fights tirelessly for those bullied and wronged. From complex employment discrimination cases to civil rights violations, his courtroom dominance is recognized across diverse legal arenas. Whether navigating intricate business disputes or fiercely advocating for personal injury victims, Justin’s dedication ensures his clients feel heard, supported, and ultimately, achieve the just outcome they deserve.

$4.1 million verdict | Wrongful termination

$2 million settlement | Employment contract dispute

$850k settlement | Wrongful termination and harassment

The workplace is the source of financial life for individuals and the machine that keeps society going. Workers come in every day looking to do their job and be compensated for their labor. If an employer ignores employment regulations and allows for a hostile environment, the workplace can quickly become an unpleasant place. Fortunately, legislators have recognized that workers need basic rights that need to be protected and have created laws to ensure employers are held accountable if they violate those rights.

Employment law is the area of law that governs the interactions of employees, managers, and owners to ensure that employees are treated fairly and respectfully. The area of law sets standards for when an employee can work, how much they should be paid, and the expectations for the working conditions that are safe and appropriate. Employment law also governs the rights for which employees can be hired or fired.

Your job is your livelihood. You work for countless reasons – your future, your family, your hopes and dreams. When your employer treats you unfairly, discriminates against you, or fails to pay you wages that you earned and are rightfully owed, your employer takes this from you. Allow Walker Law to take it back. Walker Law fights for the little guy, and has a proven track record of standing up against bullies, including employers who disregard the law and prey upon their employees. Our San Diego employment lawyers will do everything possible to hold your employer accountable for their actions.

What Can an Employment Lawyer Do For Me?

When you are experiencing workplace issues that rise to the levels mentioned above, you need to reach out to a skilled San Diego employment law attorney as soon as possible. These claims are notoriously hard to prove, but when you have an attorney with resources, your chances of success significantly improve.

A lawyer will be the one to initiate and carry out an investigation into your allegations. These investigations are nuanced, and they can take time. There are many state and federal laws that apply to employment law issues, and your attorney will be the one to navigate through them to prepare you case.

An employment law attorney will handle all communication with other parties involved, including any negotiations for a fair settlement on your behalf. If necessary, an attorney will fully prepare to take the claim to trial.

What are My Rights as a Worker in CA?

In the state of California, there are various laws that will help protect employees from unfair workplace practices. This includes laws at both the state and federal levels. Some of the primary laws that could affect San Diego employees include the following:

Various wage and hour laws (state and federal)
Fair Labor Standards Act (FLSA)
Whistleblower and retaliation laws
Family and Medical Leave Act (FMLA)
California Family Rights Act (CFRA)
Americans with Disabilities Act (ADA)
Age Discrimination in Employment Act (ADEA)
National Labor Relations Act (NLRA)

This is a broad overview of protections available to most workers in California. Every employee in this state has the right to a fair and safe workplace. This includes protection from discrimination, harassment, retaliation, and wrongful termination.

Common Employment Law Issues

Employment law is a broad area of law that covers a variety of different legal areas. Here are some of the more common areas of employment law seen at Walker Law:

Wrongful termination – Wrongful termination has a very specific legal definition. Being wrongfully terminated refers to being fired for an illegitimate reason, such as violations of federal anti-discrimination laws or a breach of contract. An employee, for example, cannot be fired because of their race, gender, ethnic background, religion, or disability. Employees also cannot be fired because they filed a legal complaint against the employer or exposed the employer’s wrongdoing as a whistleblower. Such negative actions are known as “retaliation”. While California is an “at–will” state (which means that employees can be hired or fired at any time), employers still cannot let go of an employee for a reason outside of what is allowed. One example of wrongful termination is retaliatory discharge, in which an employee is fired for exercising his or her rights. Employees are also protected from being fired for being discriminated against, refusing to commit an illegal act, or taking protected family and medical leave.
Employment discrimination – Employment discrimination occurs when an employer refuses to hire or employ any person because of a protected class, such as race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or to bar or discharge the person from employment or from a training program. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.
Wages and overtime pay – Employers will sometimes purposefully misclassify employees as independent contractors in order to pay them less or provide fewer benefits. If an employer consistently fails to pay an employee on time, the employee would have grounds to take legal action against the employer.
Workplace safety – Employees are protected from dangerous and hazardous work conditions by federal and state regulations. Employees must have access to proper training and safety equipment, especially in industries that involve the operation of heavy machinery or exposure to hazardous chemicals. When hazardous work conditions arise, protocols must be in place to allow employees to report the issue without fear of retaliation, and the hazard must be addressed and corrected as soon as possible.
Sexual harassment – Per the EEOC, “Sexual harassment” is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct that directly or indirectly affects an individual’s employment, interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”
Disability and workers’ compensation – Workers’ compensation can cover medical expenses incurred as a result of a workplace injury as well as weekly benefits while the employee recovers. Obtaining workers’ compensation benefits and medical coverage is simple in theory but difficult in practice. The Americans with Disabilities Act (ADA) prohibits discrimination against all people with disabilities, particularly in the workplace. However, the ADA’s definition of “disability” is very specific, and employers will try to use numerous defenses to avoid disability discrimination charges.
Pensions and Benefits – Pensions and benefits are two important factors to consider when looking for a new job. An employee who is currently working for a company receives benefits, such as medical insurance and vacation. Pensions are funds or benefits received after retirement, typically through contributions to a 401k or another similar benefit plan. For U.S. employees, ERISA protection for employee benefit plans establishes a mandatory minimum.
Non-compete clauses – An employee might sign a contract that prohibits an employee from working for a competitor or in a similar business for a specified period of time. That time period may sometimes extend beyond the termination of the employment agreement. A non-compete agreement is intended to protect a company’s interests and sensitive information. However, signing a non-compete clause could be considered invalid if the clause is deemed unconscionable.

San Diego Employment Law Cases We Handle

What to Do If You Expect Your Workers’ Rights are Violated

California’s labor code protects employees when their employers violate their rights. You have a few options at your disposal if your employer has violated the labor code in regard to you.

Participate in Protected Activity

Employees are permitted to participate in protective activity, like discussing work conditions, how much they are being paid, or organizing a union. Following an employee engaging in a protected activity, that employee’s employer is forbidden from retaliation.

Contact Government Agencies

If your employer violates the labor code, you are permitted to report that violation to the appropriate government agency. These agencies include the following:

California Occupational Safety and Health Administration (OSHA)
Labor Commissioner
Department of Fair Employment and Housing (DFEH)

Your San Diego employment law attorney can help you connect with the appropriate channels.

Administrative Complaint

If you have evidence of a violation, you can file an administrative complaint with the Labor Commissioner or the DFEH. They are there to enforce labor laws in San Diego, California. An investigation will take place to determine what remedies are available for you.

Filing a Lawsuit

Following the above avenues, you may proceed with a lawsuit requesting compensation for damages from your employer. Navigating employment law can be tricky. We will ensure that the correct steps are taken as we fight for the damages you are due.

We can help you to recover damages for the following:

Lost benefits
Lost wages
Emotional anguish
Loss of reputation
Loss of dignity
Loss of enjoyment of life

You may also receive punitive damages, depending on whether the actions of your employer were of an egregious enough nature.

How Do I Know if I Need a San Diego Employment Attorney?

When you have an inkling that you are being mistreated by your employer or on the job, consider the ways this is happening so that you can speak to one of our experienced team members.

If you are being negatively impacted at work, speak to a skilled employment law lawyer about how we can help. We will review your case and start an investigation into your allegations. If we find that you have a case, we will determine which of your rights are violated and the damages that you incurred.

If communication with your employer is awkward and too uncomfortable, allow us to handle the communication on your behalf. We are happy to handle every aspect of correspondence so you do not have to.

Compensation Available for a Successful Claim

Individuals may be able to recover various types of compensation if their San Diego employment law claim is successful. The team at Walker Law will work diligently to recover:

Lost wages and benefits. Individuals should be able to recover compensation for any benefits or wages they lose out on as a result of the employment law violation in San Diego. This can include wages caused by wrongful termination, demotion, or even a wrongfully denied promotion. Typically lost wage claims will also give rise to claims for various benefits that were also denied due to termination, demotion, or failed promotion. Total recoverable wages and benefits will vary depending on several factors, including whether or not the employee was able to mitigate the damages by finding comparable employment and salary.
Emotional and psychological distress. Going through an employment law violation in San Diego can be incredibly painful for the individual involved. These issues can lead to various types of emotional and psychological distress, but the overall recoverable damages will depend on the circumstances and egregiousness of the employment law violation.
Attorney’s fees. A successful claim may be able to help the plaintiff recover compensation for their attorney fees and court costs.
Punitive damages. There may be times when punitive damages are awarded to a plaintiff in an employment law claim in San Diego. These types of damages are not always awarded, as they are reserved for situations where the behavior of the employer was found to be particularly egregious.

Contact a San Diego Employment Law Attorney

There are numerous laws and acts that govern employer/employee relationships, rights, and obligations under California and federal employment laws. Which laws apply and how they apply to a given case can be a complicated issue. Many important legal safeguards are available to American workers. Unfortunately, the fact that state and federal laws frequently provide slightly different protections makes it difficult to understand and exercise your rights.

At Walker Law, our San Diego employment law attorneys will sort through the details to make sure you get the representation you deserve. Our attorneys will hear your case and figure out what laws will best serve you for the justice you seek. Call today for your free consultation.